The High Court condoned a 67-day delay by the applicant in filing a First Appeal against a judgment and decree of the Bombay City Civil Court, finding the delay justified.
Condonation of delay of 67 days in filing the First Appeal and disposal of the application.
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3.1143.16-caf.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Civil Application No.1143/2016 in
First Appeal (ST) No.8505/2015
Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders
Court's or Judge's orders.
Mr. Susmit Phatale i/b. Omkar Kulkarni for the Applicant Mrs. Sheetal Mane for the Respondent
CORAM: K.K.TATED, J. DATED : AUGUST 6, 2019
P.C.
1 Heard. The learned counsel for the Applicant submits that as per earlier order, they served the Respondent No.1 Municipal Corporation as well as the P.W.D. and filed an Affidavit of service. In spite of service, none appeared for them.
2 By this Civil Application the Applicant is seeking condonation of 67 days delay in filing the First Appeal to challenge the judgment and decree dated 18.11.2017 passed by the Bombay City Civil Court in L.C.Suit No.176/2010.
Basavraj G. Patil
1/2
3.1143.16-caf.odt
3 Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.
a) Delay in filing the First Appeal is condoned.
b) Civil application stands disposed off accordingly.
c) No order as to costs.
(K.K.TATED, J.)
Basavraj G. Patil
2/2
1 issue framed by the court
Whether the delay of 67 days in filing the First Appeal should be condoned.
1 provisions across 1 enactments
Sheetal Mane
Municipal Corporation
K.K. Tated
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
